FedEx Freight, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAR 1 4 2013 Mr. Mike Brust Manager Corporate Safety FedEx Freight, Inc. 2200 Forward Drive Harrison, AR 72601 Ref. No. 13-0027 Dear Mr. Brust: This responds to your January 25, 2013 email requesting clarification of shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you describe a scenario involving the use of a three-page shipping paper (as defined in§ 171.8 of the HMR) with consecutively numbered pages (e.g., "page 1 of 3) at the top of each page; and the hazardous material information, as required under Part 172, Subpati C of the HMR, beginning on the second page. Upon request from a member of my staff, you provided a copy of this shipping paper for our review. Continuing the scenario, this shipping paper is placed on top of other shipping documents in the motor vehicle and is the only hazardous material shipping paper in the vehicle. You ask whether this practice satisfies the requirements of shipping paper accessibility requirement for motor vehicles under§ 177.817(e) ofthe HMR. Placing the hazmat shipping paper on top of other shipping papers that are carried in a motor vehicle complies with the§ 177.817(e) shipping paper accessibility requirement to clearly distinguish the shipping paper if it is carried with other shipping papers or other papers of any kind. Specifically, paragraph (e) requires the shipping paper to either appear first among the papers or be distinctively tabbed to distinguish among the papers. We note that the HMR do not specifically require hazardous material information to be listed on the first page of a multi-page shipping paper. For instances where hazardous material and non-hazardous material are listed on the same shipping paper, we require that the hazardous material information either be listed first, entered in a contrasting color, or identified by the entry of an "X" placed before the basic description in a column captioned "HM" (please refer to§ 172.201(a)(l)). The shipping paper you provided satisfies this last condition. Therefore, based on the shipping paper copy you provided and the discussion above, it is the opinion of this Office that the scenario you described would comply with the shipping paper requirements under the HMR.#

Page 2I hope this information is helpful. If you have further questions, please contact this office. Sincerely, /Z40~ Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Monday, January 28, 2013 1:48 PM Drakeford, Carolyn (PHMSA) FW: Request for Interpretation- Shipping Paper Accessibility 177.817(e) with Continuation page 172.201 (c) Hi Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: Brust, Mike--- Mgr-Corporate Safety--- GO [mailto:mike.brust@fedex.com] Sent: Friday, January 25, 2013 6:47 PM To: Brust, Mike--- Mgr-Corporate Safety--- GO; INFOCNTR (PHMSA) Cc: Richesin, Sandra --- Safety Compliance Specialist --- GO Subject: Request for Interpretation- Shipping Paper Accessibility 177.817(e) with Continuation page 172.201(c) January 25, 2013 Pipeline and Hazardous Materials Safety Administration (PHMSA) U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 I would like to have an interpretation concerning the continuation page on shipping papers and how this may affect shipping paper accessibility. Here is the scenario: A driver hauls a hazardous material shipment with three pages of shipping papers for this one shipment. At the top of each page it clearly indicates "Page 1 of 3", "Page 2 of 3" and "Page 3 of 3". The first page lists information about the shipment but not the specific amount or type of hazardous material being hauled; pages two and three contain this information. The hazardous material shipping papers are in order and are on the top of all the other shipping papers. If we hand an officer our shipping papers in this manner, are we compliant to 49 CFR 177.817(e) Shipping Paper Accessibility by using the 49 CFR 172.201 (c) Continuation Page regulation? Thank you for your time and I will be looking forward to the interpretation to this situation. Mike Brust, CDS Mgr-Corporate Safety FedEx Freight, Inc. 870-704-5346 1#

Page 4DerKinderen, Dirk (PHMSA) From: Sent: To: Subject: Brust, Mike--- Mgr-Corporate Safety--- GO < mike.brust@fedex.com> Wednesday, February 20, 2013 3:00 PM DerKinderen, Dirk (PHMSA); mike.brust@fedex.com Re: Taff all documents - 12-12-12.pdf- Adobe Acrobat Professional Dirk, Good afternoon, This shipment was the only hazardous material on the trailer. We had the 3 pages of hazardous material shipping paper, in order, on top of the other shipping papers the driver was hauling Thank you Mike Brust From: Dirk. DerKinderen@dot.gov To: mike.brust@fedex.com Sent: Wed Feb 20 13:03:06 2013 Subject: RE: Taff all documents- 12-12-12.pdf- Adobe Acrobat Professional From: Brust, Mike --- Mgr-Corporate Safety--- GO [mailto:mike.brust@fedex.com] Sent: Thursday, February 14, 2013 12:23 PM To: Brust, Mike --- Mgr-Corporate Safety--- GO; DerKinderen, Dirk (PHMSA) Subject: Taff all documents- 12-12-12.pdf- Adobe Acrobat Professional «Taff all documents- 12-12-12.pdf» Dirk, Thank you for your time today, here are the documents you requested. Please let me know if you have any issues reading these documents, Thank you, Mike Brust 1#

Page 5Feb. 14. 2013210:53AM04AM No. 9488 P.P. 1/5 Dec. 13. 2012 8:18AM No. 3115 P. 2 DRIVERIVEHICLE EXAMINATION REPORT Aspen 2.14.1.1. Washing/on State Patrol • Commerclal Vahlale Enforcement Section Inspection Date: 12/12/2012 Roport Number: WAW708004109 9 P.O. Box 42814 Start 9:45:00 AM PT End: 10;04:51 AM PT Phone: (380)698-3819 Fax: (360)588-3820 Olymple, WA 89604-2614 Inspection Level: I/- Walk-Around HM Inspeollon Type: Non-Bulk FEDEX FREIGHT INC HARRISON, AR 72602 PO BOX 840 DG2260 SAFETY License#: TAFF*ED368N6 Dríver: TAFF, EDWARD D Date of Binh: 08/26/1884 Blnto: WA USDO#: 00239039 MC/MX#: 121605 Phone#: (870)741-8000 Fax#: Cobriver: State#t: Data of Birth: License#: State: Lovation: SC3B STANWOOD BRYANT Highway: 15 MlloPost: 215 Shipper: ECOLAR County: SKAGIT, WA Origin: EVERETT. WA Bill of Lading: 0501555558 belination: ANACORTES, WA Cargo: HAZMAT VEHICLE IDENTIFICATION Unlt Ipe Make Your Flate Pate# Egulpment ID VIN 1 TT KW 2007 IN 1202998 6200241 2XKMAZ7X77M167361 86,000 2 8T WANO 1080 TN T009455 WJJV281N77LS60687 BRAKE ADJUSTMENTS: No Brake Mensurements Required For Level 2 VIOLATIONS 177,017E Vie Cade 177.817(6) Section Unli DOS Gillelion# Very Crank Violalions Discovered N Shipping paper accessibilly HazMat: @ Corrosive material Placard: Yes Cargo Tank: (Speclal Chooka: No Dala for Speciel Checks. State Information: DISTRICT (WaP ONLY): 7; DETACHMENT (WSP ONLY): 20; WITH ALL APPUCABLE FEDERAL AND STATE REGULATIONS, THE UNDERSIONED CERTIFIES THAT ALL VIOLATIONS NOTED ON THIS REPORT HAVE DEEN CORRECTED AND ACTION HAS BEEN TAKEN TO ASSURE COMPLANQI BIGN AND RUTURN YHIB ENTIRE REPORT WITHIN FIFTEEH (36) DAYS TO ABOVE ADDRES Bionalure Of Motor Camst Xi Tive: DAle: Edward Taff EVT-Co COLLINS, A Badge fin CoDy Recever Ax EDWARD TAFF 1oli 1461822 KNUTINO 12/19/2012 "3:31PM MGMT+00:00) 02/14/2013 5:03PM (GMT+00:00)#

Page 6Feb.14. 2013210:53AM/AM NNo. 9488:eP. P. 2/5 DRIVERS STATEMENT Edward 0 Taff FedEx EmpiQYEI!a 1461822 EverattWa. RE: WSP examlnatlol'l report WAW706004103 12/12/2012 On Wednesday 12/12/2012 I was on my d!i11IVI11Y route from Everett Wa.loAnachortes Wa. I was properly Packard 8 corroslva on my trailer due to lhe only hazardous ahlpment on board, re: Feaf!x pro# 2816261561 RO. 1 drum UN1760, corroslvetlqulds, N.O.S., 6.PG Ill (Qualemary Ammonium compound) at 462lbs. And also 1 drum oftJN3266~roslveitquld, basic Inorganic, N.O.S., 8, PGIIt(Potaaslum--- oarbonate sodium carbOnate) at 54B lbs, At 09:45 a.m. I ent~ted the StanwoOd Bryant scale house at mile post 215 north bound lnterslate 5. As I drove over the a~tae I was red lighted. I came to a stop and J was approached by officer A Collins, WSP badge 1161. Officer Collins greetlild me at my driver window and slated lhat H& hl!ld noticed I was placarded tor hazardous material. I stated to him yea I waa. Officer Collins aske<J to review my shipping paP$rB. tlrnmediately handed him my clip boitrd containing my delivery receipts locata(l (In my passenger seat. At this lime officer Collins look my cfip board and dlr~cted me to the inspection parking area for a level 2 walk around inspection. I complied and the Interaction was friendly. I arriVed to thi!J Inspection area and had time to get my ln,p'ilctlon affairs in order before offi~r Collins arrived. I prepared my documents for Officar Collins. Tractor documentfl, trailer documents, personal documents driver license and medical card. Soon oftloer Colline anived lo my parking area With his patrol truck. I greeted him wllh the rest of my documentation. Immediately offlr;tr Collins stated that my HM documentation was not in order. He staled that the hazardous material paper work need!!d to be on the top of my cflp board. I stated to him II was. I had several shipments that day and the only Hazardous shipment was FedEx pro 2816261551 RO. That document was the flr.et document on my clip board, The document wa~ a 3 page document The doeument was in proper order with shipper lnformallon, consignee Information, Hrasrdoue shipping information on page two or three with the proper X In tht HM column and a emergency response number. offleer Collins stated that page two of three of lhe documentallon needed to be lhe first page on my allp board or be rabbed. Officer Collins noted this on his driver vehicle ~amlnslion riport ili a violation. No citation was Issued. At!. Officer Collins was reviewing lh• paper work another lady officer dld llle I&Vel two Inspection. All was well with !he lnspeotloo. The last part of the lnspecllon was officer Collins inspecting the actual hazardous l'r'lt\latial shipment In the trailer. TM ehfpmenl was two drums on a pallet properly mark$\1, shrink wrapped and secured to the ttsllar wall with rope. At this point ()fflcer Collins Mleased me. ~unter wllh Offlcer CQIIlns was polile ~~ Edward D Tsff, Employee 1461822 12/16/12. 12/17/2012 3:23PM (GMT+OO:OO) 02/14/2013 5:03PM (GMT+OO:OO)#

Page 7(WP) Fe b. 14. 2 0131\1 0: 54AMllndex Value 2615261551 XX DR 3 No. 9488 P. 3/5 ~1\.;00~.-CT) ()6'-0 tf con\;( c/ \\ .j r\ r DELIVERY RECEIPT UOO FORWARD DRIVE HAillltSON, AR n601 fedex .aom 1.866.393.4585 Tr~iler f 23123S~ TRIBLwr~ SEAFOOD CORP ANACORTES PLANT 1400 4TH ST ANACORTBI3 WA 98221 US 5GL .> . Received by:-------------~-- CJO•ar OD&m~~~~ Exccpllon$; Dt.V l'lli:FOR ·-··- ~O~S~ho~ri~D~~Br:ok:en~BIII!IHIII--Mifi!!lilllB!Rmi!I!II!-BBnu•&BBIIIBiil!llU!BIIIllR.B!III!IIilll~.-~. 02/14/2013 5:03PM (GMT+OO:OO)#

Page 8(WP)Feb. 14. 20131\10:54AM>JndexValue2815261551 XXDR2 No. 9488 P. 4/5 \~ hlfll .ll Qf 3 DELIVERY RECEIPT ~· 2200 f'OfiWI'l.fiO DRIVE KARRISON, AR 72601 fedex.corn 1.666.39~M585 TRra~BNT S~POOn CQRP JWACORTES PLANT 1400 4TH S'l' ANACORTES WA 98221 US ~~aile~ J 3312387 BCO!>AB, l:NC, EcoLAB nrc. 18383 ~~aT RAXLROAD ROAD CITY 0~ INDUSTRY cA 91748 ua 4.5 0485ilO-l)j 055 ~82 010 OLV BEr'OR --~--------------Jl2l4l:Z Exc~ptiM~: 02/14/2013 5:03PM {GMT+OO:OO)#

Page 9(WP)F e b. 14. 2013 ~ 10: 55 A~ Index Value 2815261551 XX DR 1 No. 9488 P. 5/5 · DELIVERY RECEIPT 2200 FORWARD DRIVE HMf!I$0N. AA 72601 fede.x.com 1.866.393..4585 TRIBLENT S~POOD CORP ANACOR'l'IIS Pl:J\NT UQO 4TH BT ANACORTBS WA 98221 US Trailer t aJ12367 Shipper ECOL..UI, INC. BCO:tAB l:Rc, 18183 nS'J:" RAILROJ\D ROAD CITY OF lNPtJSrRY CA 91748 US .. , ... . ~\-:: '.Y~ : • ~ .J..,. . _.t:<-.~ ...... ~J~- •• _ .. ;-·};.: DI.V BEFOR 02/14/2013 5:03PM CGMT+OO:OO)#